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Punjab exam leak: HC stays selection process for 454 posts of pharmacy officers

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The Punjab and Haryana High Court has stayed the selection process for 454 posts of pharmacist/pharmacy officers. The Bench, prima facie, found that the question paper was leaked live during the examination held on July 19 with answers being supplied to candidates through digital and electronic modes. Justice Sandeep Moudgil also sought an explanation from the State as to why the investigation should not be handed over to the CBI.Justice Moudgil observed that preliminary investigation by the Punjab Police had revealed that exorbitant amounts of Rs 3.5 lakh to 13 lakh per candidate was being charged for guaranteed passing marks, and several candidates had handed over post-dated cheques as financial security to the scammers.“In the light of shocking revelation made in the petition, collectively culled out from the mode and manner of leakage, cheating and the way investigation being handled so far wherein public employment allegedly being sold for cash, it shall be explained as to why the investigation be not handed over to CBI as prayed for in these peculiar backdrop of the factual aspects highlighting the growing instances of live cheating as demonstrated in the case in hand,” Justice Moudgil observed.The Bench was hearing a petition filed against the State of Punjab and other respondents by Amritpal Singh and another petitioner through advocates Anil Mehta, along with counsel Mayank Sharma, Nikunj Dhawan and Varun Dutta.The petitioners relied upon a police press release stating that a candidate, appearing at an examination centre in Ferozepur, allegedly used a concealed pen camera to scan the question paper and transmit it through WhatsApp to an accomplice in Bhiwani. The paper was allegedly thereafter forwarded to another operative at a makeshift control room in Faridkot, from where answers were allegedly dictated in real time to candidates.Justice Moudgil’s Bench was told that the police, apparently with the intent to create an impression amongst the public and the stakeholders that there had been no leakage of the question paper, stated that investigation was conducted, but paper leakage had not taken place.Even involvement of any official authority was not found, and that the breach had occurred entirely in real time after commencement of the examination.The petitioners argued that preliminary investigation revealed that the mastermind behind the entire operation was an employee of a Polytechnic College in Fazilka. It was contrary to the stand reflected in the press release issued by the office of Faridkot Range Inspector-General of Police.“It is noticeable to this Court that the press release dated July 9 further states that 28 candidates were detained across Faridkot and Ferozepur for using illicit devices and that seven main operators, allegedly driving the scam from Rajasthan, Haryana and Punjab, were apprehended.”An FIR registered in the matter recorded in its first part that one candidate was found with a bluetooth device. The second part recorded “some candidates, having hatched a conspiracy with the assistance of a gang operating from outside, are solving the question paper with the aid of electronic devices”.The Court also took note of contentions by Union of India’s senior standing counsel Dheeraj Jain that complaints and FIRs had been registered in connection with examinations conducted in Punjab since 2022. “The investigations have, in most of the cases, not yet reached to a logical conclusion and, till date, even challans have not been presented in those cases,” he added. Jain said the matters included the Naib Tehsildar recruitment examination, Class XII English examination, PSTET and Agriculture Development Officer examination.Before parting, Justice Moudgil asserted the facts prima facie depicted that live leakage of the question paper had, in fact, taken place, which was contrary to the first part of the FIR and the State’s claims. “The second part of the FIR, however, is sufficiently self-explanatory of the fact that the question paper was being leaked live and in real time answers were being supplied to the candidates through digital/electronic modes by use of the devices…” the court added.

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